By Decision No. U-I-106/26 of 24 July 2026, the Constitutional Court annulled the National Assembly’s decision declaring a legislative referendum on the emergency act inadmissible.

The outcome was expected and, in my view, constitutionally correct. By combining amendments from different policy areas in a single emergency act, the National Assembly itself produced legislation containing both provisions excluded from referendum voting under the second paragraph of Article 90 of the Constitution and unrelated provisions on which citizens would otherwise be entitled to vote.

Legislative technique must not become a method of excluding the right to a referendum in relation to subject matter that is not covered by the constitutional prohibition.